Haryana

Bhiwani

CC/26/2021

Sumit Grewal - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Ravinder Saroha

20 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

          Complaint Case No.    :  26 of 2021

                                                  Date of Institution       :  29.01.2021

                                                   Date of Decision         :  20.03.2024

 

 

 

Sumit Grewal son of Sh. Balwan Singh R/o village Bamla-II, Tehsil and District Bhiwani.

 

              ..…Complainant.

 

  Versus

 

 

1. Branch Manager, HDFC Bank Ltd., Branch Meham Chowk, Bhiwani Tehsil and District Bhiwani.

 

2. Deputy Manager, HDFC Bank Ltd., Regd. Office: HDFC Bank House, Senapati Bapat Marg, Lower  Parel (W), Mumbai-400013 (Maharashtra).

 

                                                  .…Opposite Parties

 

   

Complaint under Section 35 of the Consumer Protection  Act, 2019.

 

                                                               

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Sh. Ravinder Singh Saroha, Advocate for complainant.

Ops exparte.

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant is having a Saving Bank Account No.50100344393475 with OP No.1 with facility of Debit Card having number 4160211512096109.  It is stated that on 26.10.2020 at about 10:00 p.m., Rs.1.00 lac were withdrawn from the said account in 10 transactions, at about. Complainant came to know about it in the morning of 27.10.2020 and get registered a complaint at toll free number of bank. Then complainant went to OP No.1 bank who suggested to get a complaint lodged with police.  Upon which, FIR No.807 dated 29.10.2020 was registered at P.S. Sadar Bhiwani under Sections 379,420 IPC.  It is alleged that the OP No.1 remit back the amount of Rs.1.00 lac in the account of complainant on 06.11.2020 but restrain the complainant from withdrawing the said amount. Complainant stated that in case of unauthorized debit card transaction, he is entitled to Rs.4.00 lac as per bank rules. So, legal notice dated 23.12.2020 was served upon the OPs but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OPs thereby causing him mental agony, harassment, humiliation and monetary loss.  In the end, complainant has prayed that the OPs may be directed to release the amount of Rs.1.00 lac to the complainant alongwith interest @18% per annum till its realization besides Rs.50,000/- on account of harassment.

2.                 Upon notice, OPs put in appearance through counsel but did not file written statement despite availing opportunity. Further, on 22.10.2021, Ops did not appear  and were proceeded against exparte.

3.                 On behalf of complainant, his affidavit Ex.CW1/A alongwith documents Annexure C-1 to Annexure C-14 were been tendered in evidence and then closed the same.

4.              We have heard learned counsel for complainant and gone through the entire record minutely.

5.                 From bank account statement of complainant (Annexure C-14), it is revealed that Rs.1,00,000/- was withdrawn from the account of complainant on 26.10.2020 in 10 transactions. Later on, the said amount was returned to the complainant on 06.11.2020.  The grievance of complainant is that the bank has restrained him from withdrawing the said amount. The present complaint is result of the said act of OPs. However, the amount of Rs.1,00,000/- was released by the bank on 26.02.2021 in the bank account of complainant after filing of this complaint as is clear from Annexure C-14.  Perusal of case file reveals that complainant had to lodge FIR (Annexure C-6) with police qua this matter and also made correspondence with the OPs bank and other higher authorities (Annexures C-5, C-6 & C-8) and also sent legal notice (Annexure C-9) to the OPs. Thus complainant has to incur money, his valuable time and suffered harassment to get redressed his grievance.

6.                 After hearing learned counsel for complainant and going through the record, we have observed that the complainant has to knock the doors of this Commission due to negligence of the OP Bank. Had the OPs given access to complainant to withdraw his money then he would not have come here for Redressal of his grievance. Since the OPs did not contested the case, as such, we have no other option except to believe the version so put forth by complainant duly supported by his duly sworn affidavit.  In view of the aforesaid discussion, we conclude that there has been deficiency in service as well as unfair trade practice on the part of the OPs while delivering services to the complainant which has caused mental and physical harassment to him besides a considerable monetary loss. Hence the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 30 days from the date of passing of this order:-

(i)       To pay a sum of Rs.5000/- (Rs. Five thousand) to the complainant as compensation for harassment and deficiency in service caused by OPs.  

(ii)      Also to pay Rs.5500/- (Rs.Five thousand five hundred) as litigation expenses.

                    In case of default, all the aforementioned amounts shall attract simple interest @ 9% per annum for the period of default.

                    Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:20.03.2024